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|Fifth Circuit Finds Third-Party Has Standing Against Insurer When Forced To Counterclaim By Federal Rules|
Martin Disiere Jefferson Wisdom L.L.P.;
August 4, 2014, previously published on July 18, 2014The Fifth Circuit recently addressed an exception to the general principal under Texas law that when an insured damages the property of a third party, the insurer is not obligated to pay damages on behalf of its insured until there is a final judgment entered against the insured or a settlement...
|“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall|
Collins Lacy P.C.;
August 1, 2014, previously published on July 2014The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op. No. 5250 (S.C. Ct. App. filed July...
|Insureds Failed To Plead Any Facts to Support a Plausible Bad Faith Claim in UIM Case, Court Giving Examples of Failures in Pleading, But Gives Leave to Amend; Court States Fiduciary Relationship Only Exists Between Insured and Insurer in Limited Circumstances (Middle District)|
Fineman Krekstein Harris P.C.;
August 1, 2014, previously published on July 29, 2014In Flynn v. Nationwide Insurance Company of America, the insured brought a UIM claim, alleging breach of contract, lost wages and bad faith, and included within his complaint allegations that the carrier breached its fiduciary duty. The carrier moved to dismiss the bad faith claim, and to strike...
|Discovery Allowed to Attack Inflated Medical Billings|
Matthew J. Trostler; Borton Petrini, LLP;
August 1, 2014, previously published on Spring 2014In 2011, the case of Howell v Hamilton Meats and Provisions held that a plaintiff may recover as economic damages no more than the reasonable value of the medical services rendered and in any event is not entitled to recover the reasonable value if his or her actual loss was less. Corenbaum v...
|Asbestos Judgment Reinstated: Insurer Travelers Ordered to Pay $500 Million in Asbestos-Related Settlements|
August 1, 2014, previously published on July 22, 2014MT. PLEASANT, SC - (July 22, 2014) - Today the U.S. Court of Appeals for the Second Circuit put to rest the “private hopes and dreams” of insurer Travelers Cos. Inc., in its attempt to avoid its obligation to thousands of asbestos victims.
|Champerty Doesn’t Pay! - HKSAR v. Ip Hon Ming & Others|
Marina O. K. Fung; Mayer Brown JSM;
July 31, 2014, previously published on July 28, 2014The District Court of Hong Kong recently convicted a solicitor and a recovery agent for champerty, sending a clear message to recovery agents and solicitors that litigation funding in return for a fee is illegal.
|What is War? Understanding Aviation War Risk Coverage|
John E. Iole; Jones Day;
July 31, 2014, previously published on July 23, 2014In the world of insurance, words frequently have a defined or accepted meaning that is different from the popular or intuitive understanding of the term. “War” and, in particular, war in the context of aviation insurance, is one of these.
|Summary Judgment Granted In Claim For Subrogated Damages|
Adriana De Marco; Borden Ladner Gervais LLP;
July 30, 2014, previously published on July 30, 2014The action arose after the plaintiff, a pharmaceutical company, entered into an agreement (the “Agreement”) with one of the defendants, UPS SCS (“UPS”), pursuant to which UPS was to store vaccines belonging to the plaintiff in a temperature-controlled environment....
|Florida's Citizens Property Insurance Extends Optional Sinkhole Repair Offer to 600 Policyholder Litigants|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 30, 2014, previously published on July 29, 2014After finalizing a similar agreement with another law firm approximately two weeks ago involving 300 policyholders, Citizens Property Insurance Corporation ("Citizens") announced today, July 29, 2014, that it has made settlement offers to 600 additional Citizens sinkhole policyholders who...
|No Bad Faith Claim Stated Where Court Found No Duty to Pay Benefits; And Further Found that the Complaint Did Not Allege Sufficient Facts to Make Out A Bad Faith Claim Even Had it Ruled Otherwise on Coverage (Western District)|
Fineman Krekstein Harris P.C.;
July 29, 2014, previously published on July 28, 2014In Hackbarth v. Nationwide Mutual Insurance Company, the insured fell while attempting to enter his car. The court found that ice caused the fall, and the vehicle was not an instrumentality of the injury. Thus, there was no coverage. Thus, it dismissed the insured’s breach of contract...